01.04.13

Summary: Analysis of ongoing cases against Android and other rivals of Apple and Microsoft

RECENTLY some aggression against Android came from BT [1, 2], a company which many like to hate for legitimate reasons. In a patent lawyers’ blog we found this article that names many proxy trolls:

It turns out that BT has decided that it does not want to get its hands dirty directly, so like countless others before it (including IV) it has turned to a third party to do the heavy lifting. That is what the privateer model is all about. It is being used, in one way or another, increasingly frequently by operating companies in the US, which for whatever reason decide they would prefer not to become involved in patent monetisation programmes that may involve aggressive assertion. NPEs that I can think of off the top of my head which have had close relationships with operating companies at some time or another include: Rockstar, RoundRock, Acacia, MOSAID, Intellectual Ventures, Sisvel and IPCom. No doubt readers of this blog can think of many more. From where I sit it is a perfectly legitimate activity, aimed as it is at maximising the value of key corporate assets – which is exactly what companies are supposed to do. At least some, however, are a little coy about their arrangements; while it is becoming increasingly clear that US antitrust authorities, and perhaps those in Europe too, are going to take a much closer look at the whole privateer model.

Nokia too has become a proxy troll for Microsoft (now against RIM). “Microsoft and Nokia use MOSAID,” Pamels Jones wrote. “Apple is in Rockstar with Microsoft. And both are attacking Google. Blech and more blech. Do you really believe they are not coordinating?”

We’ve obviously been highly critical of Intellectual Ventures over the years, as the company is doing tremendous harm to the innovation world by effectively setting up tollbooths and legal threats that take money away from actual innovation and funnel it into inefficient uses. Recently, we wrote about how another firm, IP Checkups, was planning to unveil Intellectual Ventures’ infamous web of shell companies, which it uses to shuffle patents around, to hide who the real beneficial holders of the patents are. In response to this, the Spicy IP blog did interesting interviews with both IP Checkups and with Intellectual Ventures. Intellectual Ventures was represented by Nicholas Gibson, International Marketing Director at the firm. You can read the two interviews, but I just wanted to focus on one of the more ridiculous, and blatantly intellectually dishonest statements of Gibson’s. IV management is somewhat infamous for these kinds of things, but they really ought to be called out on their bullshit more frequently. Spicy IP points out that IV claims to hold 40,000 patents and growing… and wonders how any technology company could figure out if they’re infringing and how they should go about getting a license. Gibson responds by pretending this is easy.

Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law

The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself

A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding